Author: J. Kēhaulani Kauanui
Publisher: Duke University Press
Release Date: 2008-10-17
In the Hawaiian Homes Commission Act (HHCA) of 1921, the U.S. Congress defined “native Hawaiians” as those people “with at least one-half blood quantum of individuals inhabiting the Hawaiian Islands prior to 1778.” This “blood logic” has since become an entrenched part of the legal system in Hawai‘i. Hawaiian Blood is the first comprehensive history and analysis of this federal law that equates Hawaiian cultural identity with a quantifiable amount of blood. J. Kēhaulani Kauanui explains how blood quantum classification emerged as a way to undermine Native Hawaiian (Kanaka Maoli) sovereignty. Within the framework of the 50-percent rule, intermarriage “dilutes” the number of state-recognized Native Hawaiians. Thus, rather than support Native claims to the Hawaiian islands, blood quantum reduces Hawaiians to a racial minority, reinforcing a system of white racial privilege bound to property ownership. Kauanui provides an impassioned assessment of how the arbitrary correlation of ancestry and race imposed by the U.S. government on the indigenous people of Hawai‘i has had far-reaching legal and cultural effects. With the HHCA, the federal government explicitly limited the number of Hawaiians included in land provisions, and it recast Hawaiians’ land claims in terms of colonial welfare rather than collective entitlement. Moreover, the exclusionary logic of blood quantum has profoundly affected cultural definitions of indigeneity by undermining more inclusive Kanaka Maoli notions of kinship and belonging. Kauanui also addresses the ongoing significance of the 50-percent rule: Its criteria underlie recent court decisions that have subverted the Hawaiian sovereignty movement and brought to the fore charged questions about who counts as Hawaiian.
Author: Kenneth R. Conklin
Publisher: E-Booktime, LLC
Release Date: 2007-03-01
Genre: Political Science
This book seeks to awaken the public to the dangers of the Hawaiian sovereignty movement. A gathering storm of racial separatism and ethnic nationalism threatens not only the people of Hawaii but the entire United States. The Hawaiian Government Reorganization bill, also known as the "Akaka bill" (currently S.310 and H.R.505), threatens to set a precedent for ethnic balkanization throughout America. It seeks to create a racially exclusionary government using federal and state land and money. Hawaii's independence activists want to rip the 50th star off the flag, either by international efforts or through the economic and political power the Akaka bill would give ethnic Hawaiians as a group. This book begins with an in-depth description and analysis of racial separatism and ethnic nationalism in today's Hawaiian sovereignty movement. Then it analyzes historical grievances, and the junk science of current victimhood claims, fueling the Hawaiian grievance industry. The book analyzes anti-military and anti-American activity. It describes the dangers of claims to indigenous rights, and why those claims are bogus in Hawaii. The book analyzes some Hawaiian sovereignty frauds including a billion dollars in Hawaiian Kingdom government bonds, the "Perfect Title" land title scam, and the "World Court" scam. The closing chapter offers hope for the future, describing an action agenda. Ken Conklin, author, has a Ph.D. in Philosophy. He has lived in Hawaii since 1992. He has devoted full time for 15 years to studying Hawaiian history, culture, and language, and the Hawaiian sovereignty movement; and speaks Hawaiian with moderate fluency. He is a scholar and civil rights activist working to protectunity, equality, and aloha for all. He has published numerous essays in newspapers, appeared on television and radio, taught a course on Hawaiian sovereignty at the University of Hawaii, and maintains a large website.
Author: James L. Haley
Release Date: 2014-11-04
A narrative history of Hawaii profiles its former state as a royal kingdom, recounting the wars fought by European powers for control of its position, its adoption of Christianity and its eventual annexation by the United States. By the author of Passionate Nation.
Author: Ran Hirschl
Publisher: Harvard University Press
Release Date: 2009-06-01
In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.
Author: William C. Canby
Publisher: West Academic
Release Date: 2004
Canby?s American Indian Law in a Nutshell, Fourth Edition is a succinct but comprehensive treatment of federal Indian law, with emphasis on jurisdictional problems and the policies underlying them. Topics include the history of American Indian law and policy, the federal-tribal trust relationship, Indian tribal sovereignty, treaty rights, criminal and civil jurisdiction in Indian country, Indian civil rights, tribal water rights and hunting and fishing rights. All text is supported by citation of cases and statutes.
Author: Paul Nahoa Lucas
Publisher: University of Hawaii Press
Release Date: 1995-01-01
A Dictionary of Hawaiian Legal Land-Terms is the first reference book of its kind to compile, organize, and explain critical information needed for the accurate translation and interpretation of nineteenth-century Hawaiian land-conveyance documents. Neither life-long residents nor recent newcomers should minimize the influence of Hawaii's unique history on the developments taking place in the state today. Yet for decades the study and translation of century-old documents - Royal Patents, Land Commission Awards, and deeds, to name a few - have been hampered by the lack of a comprehensive research tool. Now, in a single volume, readers have an overview of commonly used words and phrases, survey practices, and documents that were recorded in Hawaiian before the turn of the century. The book also includes Hawaii's appellate cases that have defined such terms. With the publication of A Dictionary of Hawaiian Legal Land-Terms, both professionals and non-professionals, Hawaiians and non-Hawaiians, have gained a valuable key to unlocking and understanding the past.
Author: J. Curtis Varone
Publisher: Delmar Pub
Release Date: 2007-11-12
The legal guidance that fire service leaders have been seeking can finally be found in one book! This all-inclusive legal reference includes discussions, cases and examples that will truly speak to a variety of fire chiefs and officers, municipal officials, emergency managers, and attorneys. The book includes explanations of laws as they relate to firefighting, and covers a broad range of topics including negligence, due process and discipline, Internet privacy, civil liability, employee issues such as drug testing, rescue doctrine, fireground search and seizure, and much more. Detailed case summaries and examples from the most significant disasters in fire service history help lend a real-life aspect to the legal topics at hand. An accompanying back-of-book CD-ROM includes over 5,000 laws from all 50 states that apply to the fire service, covering topics such as line of duty injuries, residency requirements, and liability. In addition, every arson law in the United States is listed on this valuable CD, which is easily searchable and navigated.
Author: Jared Diamond
Publisher: W. W. Norton & Company
Release Date: 2017-03-07
"Fascinating.... Lays a foundation for understanding human history."—Bill Gates In this "artful, informative, and delightful" (William H. McNeill, New York Review of Books) book, Jared Diamond convincingly argues that geographical and environmental factors shaped the modern world. Societies that had had a head start in food production advanced beyond the hunter-gatherer stage, and then developed religion --as well as nasty germs and potent weapons of war --and adventured on sea and land to conquer and decimate preliterate cultures. A major advance in our understanding of human societies, Guns, Germs, and Steel chronicles the way that the modern world came to be and stunningly dismantles racially based theories of human history. Winner of the Pulitzer Prize, the Phi Beta Kappa Award in Science, the Rhone-Poulenc Prize, and the Commonwealth club of California's Gold Medal.
Author: George M. Cole
Publisher: CRC Press
Release Date: 2016-08-05
Genre: Political Science
Land is important to all aspects of human life and has a key role in the economic well-being of society therefore, land tenure, land ownership, and real property law is a critical part of any developed nation. Together, the processes of how land parcels are held; how they are defined, measured, and described to allow economic transactions; how they are marked to allow their use and defense; and how they are legally protected have allowed for the orderly possession and use of land. In doing so, these processes have also provided the basis for the advanced economy of most developed nations. Very often, these processes—land tenure, boundary surveying, and cadastral systems—are considered separately. They are very much interrelated, and none of these processes may be completely understood without an understanding of the others. Land Tenure, Boundary Surveys, and Cadastral Systems provides an introduction to land tenure, cadastral systems, and boundary surveying, including an understanding of the interrelationship of these areas and their role in land tenure and real property law. This is especially true considering the advent of georeferenced cadastral maps reflecting the location of land parcels relative to many other components of the physical and legal infrastructure. Although intended as a basic text for college-level surveying courses, this book should also be of significant value to cadastral mappers, real property attorneys, land title professionals, and others involved with land transactions.
Author: Dana Naone Hall
Publisher: AI Pohaku Press
Release Date: 2017
Life of the Land: Articulations of a Native Writer explores the inexhaustible relationship of the Hawaiian people to their native land. Dana Naone Hall's writings cover more than three decades of her political and cultural engagement in public, federal, state, and county processes. As an activist with poetic sensibilities, Naone Hall demonstrates how meticulous analysis coupled with the power of the imagination can unlock new ways of seeing and relating to places that may not be immediately recognized as retaining profound Hawaiian elements. In her poem, "Keone'o'io Fishpond," she encourages, If you do not see how those here raised the soft-nosed needlefish, Look again. A nationally recognized poet, Naone Hall's decades of effective advocacy for Native Hawaiian and environmental issues began in 1984 as a founding member of Hui Alanui o Makena, an organization that successfully prevented the closing of the Old Makena Road (including the ancient Alaloa known as the "King's Highway" or "Pi'ilani Trail") fronting the Maui Prince Hotel. She was at the forefront of the Native Hawaiian burial movement born during the struggle to protect the multitude of iwi kupuna resting in the sand dunes of Honokahua, Maui. Efforts there led to amendments to Hawai'i State historic preservation laws, including new protections for Native Hawaiian burial sites and establishing Island Burial Councils for Hawai'i. Naone Hall defines activism as "99 percent trench work" and we see just a fraction of this work reflected in her writings. We clearly see her take every opportunity to speak for the kupuna and the lands in which their bones are planted. By encouraging engagement to benefit the life of the land--to protect and restore cultural sites across the islands--she ensures that "the life of the land will continue to be perpetuated for future generations." This book will serve as a companion and guide to those engaged in protecting the sustained presence of Native Hawaiians on and in the land.
Author: Noenoe K. Silva
Publisher: Duke University Press
Release Date: 2004-08-17
In 1897, as a white oligarchy made plans to allow the United States to annex Hawai'i, native Hawaiians organized a massive petition drive to protest. Ninety-five percent of the native population signed the petition, causing the annexation treaty to fail in the U.S. Senate. This event was unknown to many contemporary Hawaiians until Noenoe K. Silva rediscovered the petition in the process of researching this book. With few exceptions, histories of Hawai'i have been based exclusively on English-language sources. They have not taken into account the thousands of pages of newspapers, books, and letters written in the mother tongue of native Hawaiians. By rigorously analyzing many of these documents, Silva fills a crucial gap in the historical record. In so doing, she refutes the long-held idea that native Hawaiians passively accepted the erosion of their culture and loss of their nation, showing that they actively resisted political, economic, linguistic, and cultural domination. Drawing on Hawaiian-language texts, primarily newspapers produced in the nineteenth century and early twentieth, Silva demonstrates that print media was central to social communication, political organizing, and the perpetuation of Hawaiian language and culture. A powerful critique of colonial historiography, Aloha Betrayed provides a much-needed history of native Hawaiian resistance to American imperialism.